LINGEGOWDA RAYANAGOWDA PATIL Vs. SHARAMAWWA

JUDGEMENT

(1.) The petitioner and respondents 1 to 3 filed applications for the regrant of the lands which were resumed under the provisions of the Mysore Village Offices Abolition Act, 1961 (Mysore Act 14 of 1961) . The lands are situated within the limits of the Dharwar Sub-Division, Dharwar. The appllications were filed before the Assistant Commissioner, Dharwar Sub-Division, Dharwar. Respondents 1 to 3 complaining against the conduct of the Assistant Commissioner, filed a petition for transfer of these applications, before the Deputy Commissioner, Dharwar. The said Deputy Commissioner by his order dated 11-10-1968 transferred all the applications to the file of the Assistant Commissioner, Savanur, for disposal according to law. It is this order that has been challenged by the petitioner in the writ petition under Art. 226, on the ground that there was want of jurisdiction.

(2.) S. 2(1) (d) of the Mysore Village Offices Abolition Act, 1961, defines a "Deputy Commissioner" as meaning an officer appointed by the State Government in respect of any area to perform the functions and exercise the powers of the Deputy Commissioner under the Act and where no such officer is appointed, the Deputy Coommissicner of the district. Rule 3 of the Rules framed under the said Act provides that any person interested in the village office or in any land granted or continued in respect of, or annexed to, such office and desiring a decision on any question referred to in S. 3, may make an application to the Deputy Commissioner.

(3.) The Government issued a notification dated 16-8-1967 in exercise of the powers conferred by clause (d) of sub-sec. (1) of S. 2 of the Act, appointing the Assistant Commissioners in charge of the revenue subdivisions to perform the functions and exercise the powers of the Deputy Commissioner under the said Act, in respect of the areas within their respective jurisdiction.